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SWARANA KANTA SHARMA
Swati Patel – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. - The instant application under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking cancellation of anticipatory bail granted to respondent no. 2, in case FIR bearing no. 162/2021, registered at Police Station Connaught Place, Delhi, under Sections 376/376(2)K/506/201/120B of Indian Penal Code, 1860 (`IPC') vide order dated 25.09.2021 passed by learned Special Judge, PC Act, CBI-23, Rouse Avenue, District Court, New Delhi (`Sessions Court').
2. Brief facts of the case, as disclosed from the impugned order, are that the accused/respondent no. 2 herein was a sitting Member of Lok Sabha from Lok Janshakti Party and the petitioner/prosecutrixwas a political worker of Lok Janshakti Party, and had joined the same in December, 2019. Both the accused and the prosecutrix had lodged cross FIRs against each other. In the first FIR bearing no. 27/2021, P.S. Parliament Street, lodged by the accused against the prosecutrix, the allegations of extortion were levelled against the prosecutrix. In the FIR lodged by the accused, it was alleged that in the month of February, 2019, prosec
The main legal point established in the judgment is that the grounds for cancellation of bail must be justified under section 439(2) Cr.P.C., and the progress of the investigation and the likelihood ....
Grant of bail though being a discretionary order, calls for exercise of such discretion in a judicious manner and is dependent upon contextual facts of the matter being dealt with by Court.
Anticipatory bail can be revoked if the accused does not cooperate with the investigation or poses a threat to law and order.
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
The nature and seriousness of the proposed charges, the context of the events likely to lead to the making of the charges, a reasonable possibility of the applicant's presence not being secured at th....
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
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